Terms and Conditions

Everty Terms and Conditions

These terms and conditions (the “Terms”) govern the relationship between you as a User, and Everty (EVERTY PTY. LTD. ACN: 619 045 279) with registered office address at EnergyLab Building 25, 4-12 Buckland St, Chippendale, NSW, 2008 and sets out the terms of use of the Everty Platform and Everty Services.

You should read these Terms carefully before using the Everty Platform and Everty Services. If you do not agree to these Terms please do not use the Everty Platform or Everty Services. By registering with us and by using the Everty Platform and/or Everty Services you indicate that you accept these Terms and that you agree to abide by them. This acceptance forms a legally binding contract between you and Everty (the “Use Agreement”).

1. Definitions:

1.1 In these Terms the following words have the following meanings:

Booking means the booking made by a User through the Everty Platform in respect of a particular Location for a specified Booking Period.

Booking Fee means the total amount payable by the User in respect of the Booking, comprising of the Charging Fee and the Everty Service Fee.

Booking Period means the period of time the Host authorises the User to access and use the Location. The Booking Period is selected by the User from available slots set out in the Listing and confirmed in the confirmation email.

Charging Connection means any electrical outlet (purpose-built for charging EVs or not, single-phase or three-phase of any appropriate amperage).

Charging Fee means the amount payable to the Host in respect of the booking, being equivalent to the Booking Fee minus the Everty Service Fee

Charging Service means the provision of access to and use of the Location during the Booking Period which includes the amenities set out in the Listing, such amenities being, at a minimum, a working Charging Connection and Parking Area.

Everty Account means your account, as a User, registered on the Everty Platform and giving you access to the Everty Service.

Everty Pty. Ltd (“Everty”, ”we”, “who”) is the provider of a platform/websites/ applications to connect Hosts and Users for the purpose of Users parking and charging their EVs.

Everty Platform means our Everty Website or any other platform through which Everty makes the Services available from time to time (collectively, the “Website”) and via applications for mobile devices (collectively, the “Application” or “App”).

Everty Service has the meaning given in clause 2 of these Terms.

Everty Service Fee means the amount payable by the User to Everty for the delivery of the Everty Service as more particularly described in clause 5.4.

Host means the Host of the Location (Charging Connection and associated Parking Area).

Listing means any area of the Everty Platform which contains information provided by Hosts relating to a Location to allow Users to assess the suitability of the Location prior to making a Booking.

Location means the Charging Connection and Parking Area.

Overstay means the User occupying the Location outside (either before or after) the Booking Period by over 15 mins or more.

Overstay Fee means the sum charged to the User for an Overstay being $10 AUD per hour.

Parking Area means the off-street parking area associated with the Charging Connection.

Removal Fee means the costs actually incurred by the Host in procuring the removal of the vehicle less any Overstay Fee already paid to the Host for the applicable Overstay.

Special Terms means additional charging terms imposed by a Host on a User as expressly stated in the Listing under the “charger access instructions” section.

User means the person making a Booking for a Location through the Everty Platform and using the Everty Website.

2. Agreed Terms

2.1 The Agreement is made between Everty, each User, each Host and these Terms apply to all Everty Services.

2.2 The Everty Service is provided by Everty via the Everty Platform. The Everty Platform is a marketplace through which (a) Users can view Listings, search for Locations, make Bookings and pay the Fees; (b) Hosts can post Listings.

2.3 You acknowledge and accept that Everty provides the marketplace functionality and Everty itself does not provide or receive the Charging Service.

2.4 We may change the Terms from time to time. By using the Everty Platform, the Everty Service, or the Charging Services you indicate your acceptance of the Terms, as amended, in force at that time. If you do not accept the changes you can terminate this Agreement, but you will be no longer be entitled to use the Everty Platform, the Everty Service or the Charging Service.

3. Registration

3.1 You must register for an Everty Account on the Everty Platform in order to publish Listings, receive Bookings, or make a Booking. You may not have more than one active Everty account.

3.2 The registration process requires you to provide us with certain personal information, including but not limited to, title, first name, last name, address, date of birth and a valid email address. You acknowledge and accept that this information will be provided by Everty to the relevant Host and Hosts are required to keep this information confidential. Hosts are required to provide us with information about the Locations when listing.

3.3 Everty will treat all personal information provided by you and by Hosts according to our Privacy Policy.

3.4 Everty Accounts are password protected. The password you create for your Everty Account when registering should remain confidential and should not be disclosed to anyone else. You will be liable and responsible for all actions and omissions occurring on your Everty Account whether or not authorised by or performed by you or on your behalf.

3.5 Should you suspect your Everty Account has been compromised please notify Everty immediately via hello@everty.com.au and we will deactivate your Everty Account enabling you to set up a new Everty Account with a different password.

3.6 We may suspend or close your Everty Account at any time if you are or we suspect that you are in breach of any term of this Agreement. If we suspend or close your Everty Account you will not be able to use our Services any longer and may not be able to access all areas of the Everty Platform.

3.7 You are not permitted to open more than one Everty Account. Each Everty Account can be used by you as a Host and a User and you can have several Listings for different Locations if you wish.

4. Your Responsibilities

4.1 You must ensure the continued accuracy of the information provided when registering your Everty Account. Failure to do so may result in you not receiving notifications or other communications or suspension of your Listing or a Host refusing you access to a Location if the vehicle or Location details are incorrect. This includes an accurate representation of your Location’s availability, compatibility with electric vehicles, and functional status. A Host must inform Everty of any issue/issues in relation to the Location including but not limited to, a User’s inability to charge their vehicle for whatever reason by sending an email to hello@everty.com.au. Failure to do so could suspension of your Everty Account. Listing updates must also be emailed to hello@everty.com.au.

4.2 You will ensure, so far as possible before making a Booking, using the information provided in the Listing, that the Charging Connection is compatible with your vehicle. This means, where the Charging Connection is of the tethered type that the tethered cable will fit your vehicle, and where the Charging Connection is of the untethered that you will supply your own compatible cable to connect your vehicle type (unless the Listing indicates that the Host will supply a cable, and that cable is compatible with your vehicle). If you discover after booking that the Charging Connection is incompatible you will not be entitled to a refund of the Charging Fees unless the Listing is inaccurate and you follow the complaints procedure or you are able to cancel the Booking in accordance with the cancellation terms in this Agreement.

4.3 Where you are using your own charging cable you will ensure that it is safe, undamaged, and in working order. Neither Everty nor the Host will be liable to you in any way if you fail to charge your vehicle due to a fault with your cable, nor will they be liable to you for any postage or replacement costs should you leave your cable at the Location. The Host is authorised to dispose of any cable or other items left by you at the Location at any time without prior notice to you or Everty.

4.4 As a Host you should provide guidance to a User they do not know how to use the Charging Connection at a Location you must ask the Host. As a User, you must use the Charging Connection in accordance with the instructions provided by the Host. You must not attempt, nor will you allow anyone else to attempt, to charge a vehicle by any means other than a Charging Connection.

4.5 You will ensure that in connecting the Charging Connection to the vehicle you do not run a cable over public land.

4.6 All Hosts must honour all Bookings not cancelled in accordance with this Agreement. Upon a booking, you acknowledge a binding legal agreement is then in place between you and the User, on the terms of this Agreement and you and the User will receive an email confirmation. The email confirmation will set out the details of the Booking. All Bookings will be subject to the terms of this Agreement and any Special Terms set out in the applicable Listing. In the event that there is any conflict between the terms of this Agreement and any Special Terms, this Agreement will prevail.

4.7 You must not use or permit anyone else to use your Everty Account fraudulently, or in connection with a criminal offence, in breach of any applicable law or statutory duty, you will not use the Everty Service or Charging Service for any immoral or illegal purposes including, but not limited to harassment, fraudulent or vexatious Bookings, or money laundering. You must not publish or allow to be published in your Listing or anywhere else on the Everty Platform anything which is indecent, offensive or inflammatory.

4.8 You agree not to attempt to bypass Booking Payment on Everty Service or Everty Platform.

4.9 You agree to only make direct contact with a Host after you have completed your Booking through the Everty Platform and you have officially received the Host’s contact details and this applies even where you have previously had a Booking a particular Location and already possess the Host’s contact details.

4.10 You agree to leave your vehicle on the Host’s property during the time of your Booking and understand that you are not allowed to stay in your vehicle or on the Host’s property during the time of your Booking. Failure to comply with this requirement may result in the cancellation of your Everty Account at the sole discretion of Everty.

4.11 You will not use the Everty Platform in a manner in such a way as to damage the functionality of the Everty Platform or reduce the use and enjoyment of the Everty Platform by other Users, Hosts or third parties. Further, you will not use the Everty Platform in a manner that may negatively affect the reputation of Everty.

4.12 You will at all times in your role as User or Host, whether communicating by email, phone or in person at the Location, be courteous and reasonable and not act in a way likely to harm Everty’s reputation or adversely affect Everty’s relationship with the Host. Everty reserves the right to suspend or terminate your Everty Account if we are notified that you have breached this clause.

4.13 You warrant you have the power, authority, and where necessary, the approval to enter into this Agreement. Also as a Host, you undertake to Everty that you are the Host or licensee of the Location and that you have full, unconditional right and authority to (a) enter into this Agreement with Everty; (b) provide the Charging Service.

4.14 The User is responsible for the vehicle and User safety at all times during its use of the Location and for ensuring that the vehicle complies with all applicable laws and regulations, including, but not limited to, roadworthiness and current insurance. The User may not use the Location or the Charging Service for any harmful, immoral or illegal purposes whatsoever. The User shall leave the Location clean and tidy.

4.15 The Host shall ensure that Charging connection is in working order at all times, and the Location is reasonably clean, tidy and safe to use during the Booking Period. The User must be able to use the Location on arrival at the start of the Booking Period. If the Location does not match the Listing, is not as described, or is malfunctioning or if an issue subsequently arises which halts your proper use of the Location the User must contact the Host. In the first instance, you should attempt to resolve any issues with the Host directly. If you are unable to resolve an issue the matter should be referred to Everty and Everty may deal with the issue, as set out in clause 7.

4.16 You and/or Hosts may cancel the Charging Services only in accordance the cancellation terms outlined in this Agreement, clause 5.11

4.17 As a Host, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Everty cannot and does not offer Tax-related advice.

5. Bookings and Payment

5.1 You agree that Bookings shall only be made through the Everty Platform and any associated Fees or other charges shall be processed and received by Everty on the Host’s behalf.

5.2 The price of the Charging Fee must be set by the Host in guidance with the “Setting your rate information” emailed upon registration.

5.3 Bookings and associated Fees or charges shall be made in accordance this Agreement.

5.4 The Booking Fee set out on the Listing includes the Everty Service Fee and the Charging Fee. In the event of a cancellation or refund where a complaint is upheld the Everty Service Fee will not be refunded.

5.5 Upon making and paying for a Booking you acknowledge a binding legal agreement is then in place between you and the Host on the terms of this Agreement. A confirmation email will be sent out to User with the details of the Booking with a link to the “charger access instructions” page with the Special Terms. Also, a confirmation email will be sent to the Host. The Host may reject by cancelling according to the terms of this Agreement.

5.6 You as the User will pay Everty the Booking Fee in full, in advance when making the booking. If a complaint is filed in accordance with clause 7 within 2 days after the end of the Booking Period and Everty upholds the complaint and determines that a refund is payable you will receive the appropriate refund, if there is a remaining balance of Charging Fees will be paid to the Host. If Everty determines that the complaint and refund request is not justified no refund will be payable and the Charging Fees will be paid to the Host at the end of the month. The Everty Service Fee is not refundable.

5.7 In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Everty or its third party payment processor. You agree to pay Everty for any confirmed Bookings made in connection with their Everty Account in accordance with these Terms. If you are directed to Everty’s third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

5.8 Extensions are not possible. If you want to charge for longer you must make another Booking before the end of your current booking, and pay the applicable Booking Fee.

5.9 The User shall remove their vehicle from the Location at the end of a Booking, and must not arrive more than 5 mins before the Booking Period. If the User fails to remove their vehicle within fifteen (15) minutes following the end of a Booking and haven’t responded to the Host’s phone calls, text messages or emails, it is considered an Overstay, where the Host notifies us of this with the relevant evidence original digital photographs during the time of the Overstay. Everty will invoice the Overstay Fee of $10 (AUD) per hour (with the first charge occurring from 15mins after the end of the booking period) and credit this to the Host’s bank account at the end of the month.

5.10 In the event of an Overstay exceeding one hour you acknowledge and accept that the Host may engage a professional third party towing company to remove your vehicle from the Location. If the Host notifies us that this has occurred Everty will invoice the User for the Removal Fee and you are required to pay this sum immediately. Everty will credit this to the Host at the end of the month.

5.11 You may cancel a Booking by contacting both the Host and Everty via hello@everty.com.au. If it is at any time prior to within 24 hours before commencement of the Booking Period you are without liability to the Host. If however you cancel within 24 hours before the commencement of the booking period a $2 cancellation fee will be payable by you before you can make another booking. The Host may cancel any Booking by contacting both the User and Everty. This may be done at any time prior to within 48 hours start of the Booking Period without liability to the User. If the Host must cancel a Booking within 48 hours of the start of the Booking Period the Host will be issued a warning and multiple warnings may result in the Host being banned from listing their Location for a period of time or indefinitely. Where any such late cancellation occurs the User will be refunded the Booking Fee paid but Everty will deduct the Everty Service Fee from any future sums owing to the Host. The Host may not cancel the Booking in any circumstances once the Booking Period has commenced.

5.12 Notice of cancellation will be deemed to be received at the point the User contacts the Host via contact details provided on the “charger access instructions” page for the relevant Location or the User is contacted by the Host. This must include an email from the canceler recording the cancellation, received by Everty and Host/User. Everty is not responsible for any transmission failures.

6. Everty’s rights and responsibilities

6.1 You acknowledge and accept that the Everty Platform is a marketplace only and that Everty’s sole liability and responsibility is to use its reasonable commercial endeavours to provide the Everty Services in accordance with these Terms.

6.2 Everty does not verify the information contained in a Listing. Everty reserves the right to take a down any Listing at any time without liability to any Host where Everty considers that a Listing is inaccurate or otherwise does not comply with the terms of this Agreement with Everty but Everty is under no obligation to check or monitor the content of listings or respond to takedown requests made by any User or Host.

7. Complaints and Disputes

7.1 Complaints or disputes about the Booking are to be raised directly between Hosts and Users in the first instance.

7.2 In the event that you believe that the Charging Services provided are in breach of this Agreement or otherwise fall below your reasonable expectations and you and the Host cannot reach a solution, you may file a complaint with Everty within two working days of the end of the Booking Period via email to hello@everty.com.au. Please provide the time and date of the Booking, the Location and any evidence.

7.3 Following receipt of a complaint Everty will consider it with reasonable care and diligence.

7.4 In the event that you wish to request a refund of the Charging Fee, then you must clearly state so in the email regarding the complaint to hello@everty.com.au. All complaints and requests for refunds must be received within two working days of the end of the Booking Period. No refunds will be payable in any circumstances for any Complaints and requests for refunds received after this time.

7.5 When Everty receives a refund request we will ask you and the Host to provide relevant information and evidence and forward this to our complaints department. The complaints department will judge whether your Complaint is justified or not. The decision will be final. If Everty determines that the Complaint is justified and a refund should be made it may refund all or part of the Charging Fee as set out below. The Everty Service Fee is non-refundable.

(b) Location unavailable/Charging Connection not functioning for part of the Booking Period = pro-rated refund for the portion of unavailable/malfunctioning Booking Period. Refunds are rounded up to the nearest hour.

(c) Location not as described = pro-rated refund only if this directly resulted in the Location being unavailable or unsuitable for the User’s vehicle.

(d) No refund will be made if the User chooses not to stay for the entire Booking Period.

7.6 In order to maintain the quality of Everty Services, Everty will monitor Complaints filed against Hosts. Everty reserves the right to suspend or terminate the Everty Accounts of Hosts who repeatedly receive Complaints which are later upheld by Everty.

8. Intellectual Property

8.1 We are the owner or the licensee of all intellectual property rights in the Everty Service and the Everty Platform, including the materials published on it.

8.2 You must not use any part of the materials on the Everty Platform for commercial purposes without our prior written approval or that of our licensors.

9. Liability and Indemnity

9.1 You acknowledge and accept that we do not provide the Charging Service and have no liability, whether arising in contract, tort (including negligence) or otherwise, for those services save as expressly set out in this Agreement.

9.2 No party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.

9.3 Subject to clause 9.5 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by you in connection with the Everty Service or the Everty Platform or in connection with the use or inability to use the Everty Platform or Everty Services or results of the use of the Everty Platform or Everty Services.

9.4 Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services (in each case whether direct or indirect) nor for any indirect or consequential damages whatsoever arising out of this Agreement however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.

9.5 Nothing in this Agreement limits or excludes a party’s liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be properly limited or excluded by applicable law.

9.6 You are responsible for ensuring that you have adequate insurance cover to provide the Charging Services.

10. Termination and Withdrawal of Everty Service

10.1 You may terminate this Agreement at any time by contacting Everty can clearly stating so in an email to hello@everty.com.au. Your Everty Account will be closed once any Bookings that you have accepted have been fully provided or cancelled in accordance with clause 5.14 of these terms.

10.2 We may terminate or suspend your Everty Account or any part of it (e.g. in respect of your User Everty Account but not your Host Everty Account) at any time by giving you 5 days notice, whether or not you are in breach or immediately in the event that you are:

10.2.1 in breach of any of the terms of this Agreement; or

10.2.2 we suspect you are about to commit a breach of this Agreement; or

10.2.3 you become or we suspect you are about to become bankrupt (or insolvent if you are a company).

10.3 We reserve the right to withdraw or amend the Everty Service that we provide via the Everty Platform without notice. We may also suspend access to the Everty Platform or withdraw it indefinitely at any time.

10.4 We will not be liable if for any reason the Everty Platform is unavailable at any time or for any period.

11. Consequences of Termination

11.1 Subject to clause 11.2, upon termination of this Agreement you will no longer be entitled to use the Everty Platform or the Everty Service other than to the extent necessary to receive Charging Services for which your Booking has already been accepted at the time of termination. You will not be allowed to accept or make any new Bookings.

11.2 Where this Agreement has been terminated due to your breach of the Terms we will terminate your Everty Account and all pending Bookings will be cancelled and the Charging Fees will be refunded. In addition we reserve the right to terminate any other or subsequent Everty Accounts that you may have.

11.3 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.

11.4 Everty will use commercially reasonable efforts to secure payments of Booking Fees, Overstay Fees, Removal Fees and all other sum payable under these Terms. Where despite Everty’s commercially reasonable efforts, Everty does not, for any reason whatsoever, secure payment from the User, Everty has no obligation or liability to make those payments to the Host. In the event of non-payment the Host may bring direct enforcement action against you to recover any sums which remain outstanding when due.

12. Disclaimers

12.1 The use of the Everty Platform is at your sole risk. It is acknowledged by you that Everty does not carry out, nor does it have any obligation to carry out, background or credit checks on Users or Hosts or verify Locations or Listings.

12.2 The Everty Platform and its content is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Everty provides you with the Everty Platform on the basis that the Everty excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Everty Platform.

13. Relationship of the parties

13.1 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any part to be an agent or employee of the other and neither party shall hold itself out as such save that you authorise Everty to take payment of the Charging Fee and other sums in accordance with these Terms on your behalf.

14. Third Parties

14.1 A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.

15. Variations

15.1 We reserve the right to change these Terms from time to time. We will notify you of any changes to these Terms by posting them on the Everty Platform.

16. Law and Jurisdiction

16.1 This Agreement is governed by and shall be construed in accordance with the laws of the New South Wales and the parties submit to the jurisdiction of the courts of the New South Wales.